Is a defendant’s jury notice struck?
Ontario, Canada
The following excerpt is from Desai v. Labelle, 2020 ONSC 6557 (CanLII):
Finally, in Passero v. Doornkempt, 2020 ONSC 6384, Sheard J. ordered that the defendant’s jury notice be struck. Sheard J. observed that the plaintiffs had been ready for trial since October 2019; the trial would have proceeded in October 2019 but for the fact that a jury could not be assembled; the action would have been tried in October 2020 but for the pandemic; and there was good reason to doubt that the matter would be able to proceed by jury in March 2021.
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